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(영문) 서울서부지방법원 2014.01.09 2013고단3117
모욕등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On June 30, 2011, the Defendant was sentenced to one year of imprisonment with prison labor for an injury, etc. at the Seoul Southern District Court, and completed the execution of the sentence at the Seoul Southern District Court on January 19, 2012. On November 22, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for an injury, etc. at the Seoul Southern District Court.

1. On September 17, 2013, at around 09:40 on September 17, 2013, the Defendant made a public insult of the victim D, a police officer, on the ground that 12 persons, such as C, are not receiving a civil petition desired by the Defendant, on the ground that 12 persons, such as C, are not observed by the public service center of the Seoul Gangseo-gu Seoul Metropolitan Government Gangseo Police Station, Gangseo-gu, 980-27, thereby publicly insulting the victim.

2. The Defendant: (a) assaulted on the floor of the damaged by the police officer D belonging to the Seoul Gangseo Police Station on the ground that the Defendant prevented the Defendant from taking a bath as set forth in paragraph (1) at the same time and place as Paragraph (1) of the same Article; and (b) obstructed the police officer’s legitimate performance of duties concerning criminal investigations.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A report on investigation;

1. Previouss: The application of Acts and subordinate statutes of criminal records, inquiry reports and investigation reports;

1. Relevant legal provisions concerning criminal facts: Articles 311 and 136 (1) of the Criminal Act;

1. Aggravation of repeated crimes: Article 35 of the Criminal Act;

1. Mitigation of mental disorders: Articles 10 (2) and 55 (1) 3 of the Criminal Act;

1. Aggravation for concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act. Article 50 (Reasons for Sentencing: Period of repeated crime, the point in which a criminal conviction is allowed for the same kind of crime, and considered for

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